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Comsure operates in:the UK, Jersey, Guernsey

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Transparency International calls for global action to stop the money laundering merry-go-round

Transparency International calls on governments and their enforcement authorities across the world to combine forces to end money laundering impunity. These authorities should assign the highest priority to prosecuting individuals and banks when clear evidence exists of their involvement in illicit international financial transactions.

José Ugaz, Chairman of the Board of Directors of Transparency International, stated:

  • “Evidence of money laundering abounds, but for the greatest part investigations have only resulted in corporate fines with almost no criminal prosecutions of individuals.
  • Actions by national judicial authorities to end this criminal behaviour are largely absent.
  • “This lack of senior management accountability sends a signal to the corrupt individuals and corporations laundering cash, and to their banks, lawyers and other agents who assist them in their crimes, that in this area there is impunity. This is wrong.”

Transparency International calls for judicial authorities around the globe to enforce anti-money laundering regulations and pursue and prosecute those who flout the rules.

Banks need to oversee their employees and enforce higher ethical standards, which have to be reflected in the tone from the top, the performance management system and remuneration.

Governments should introduce public registers of beneficial ownership information of companies to facilitate anti-money laundering due diligence by banks as well as anti-money laundering investigations.

Recent investigations in the US, UK and Switzerland in bank practices have put a spotlight on these issues.

  • “Transparency International will continue to vigorously campaign to unmask the corrupt and those who collude with them: the bankers, the accountants, the real estate brokers, the consultants and the other professional intermediaries who enable the corrupt to launder their ill-gotten cash into the mainstreams of the world’s financial system.
  • Time behind bars for those who break the law, rather than settlements that shift the burden to shareholders, would signal a time to change,” said Ugaz.

http://bit.ly/17lz85W

JFSC Consultation Paper: Civil financial penalties – statement of principles and processes

The Commission has published (Feb 2015) a consultation paper on a statement of principles and processes for the forthcoming civil financial penalties regime.

The paper can be downloaded from the JFSC website at http://bit.ly/1yRvd6o

FCA: Free text in suitability docs ‘best defence against us’

Ensuring personalised objectives are documented in suitability reports through mechanisms such as free text input is the “best defence” against regulatory action over centralised investment solutions, the Financial Conduct Authority said today (11 February).

Speaking at a Thesis Asset Management conference on investment risk and suitability, the FCA’s technical specialist Rory Percival warned about “individual suitability” around centralised investment propositions.

He also warned firms against using “default platform” options, especially if the firm wishes to retain independence.

Mr Percival said: “One of the areas of concern is that there is the potential for increased standardisation process to result in a lack of personalisation.

“There are a number of instances where we would have seen this potentially happening, so one area would be when we are looking at the files and seeing standard objectives across different clients and those objectives are solution-based rather than client-based.”

He added that the objectives might be things like people looking for an investment portfolio that is rebalanced on a regular basis or access to a wide range of funds to a platform.

“I would suggest those aren’t client objectives they are focused on the solution – that would be an area of concern.”

Mr Percival added that having “free text” in the fact-finder documents to give clients space for that extra level of detail, as well as removing the template objectives in suitability reports.

Standardisation is “good and efficient”, he commented, and the FCA does not have any “issues” with CIPs in that respect, but there needs to be a balance.

“We think there’s lots of benefits for the clients, but you need to have that balance to ensure that personalisation is involved and by having that personalisation you will also have the best defence against us.”

Generally, Mr Percival emphasised firm’s business models continue to be what the regulator is interested in.

“Are firms set up to provide clients with a good deal? And so if we come and see your firm this is likely to be an area we are going to ask you about. An example of this is what your proposition looks like is around the use of platforms.

“Now we’ve said in the past you should always think about whether your solution should be on a platform or off platform, but we don’t think the idea of having a default platform is the right approach.”

Previously, the regulator urged independent advisers to use more than one platform to ensure that all clients could have adequate choice. Its thematic review of the Retail Distribution Review stated that IFAs must consider off-platform investments in addition to the core range of products.

He also pointed out that if something costs more to the client “there needs to be a good reason for that”.

http://bit.ly/1AbzB7o

Switzerland’s FINMA takes aim at CIS institutions with new anti money laundering rules

The Swiss Financial Market Supervisory Authority FINMA has opened a consultation on the draft revised version of the FINMA Anti-Money Laundering Ordinance. The revised ordinance reflects both the revised Anti-Money Laundering Act of 12 December 2014 and the revised Financial Action Task Force recommendations. The revised ordinance also includes insights gained from supervisory practice and recent market developments. The deadline for submitting comments on the draft ordinance is 7 April 2015.

The FINMA Anti-Money Laundering Ordinance (AMLO-FINMA) has been in force in its current form since 1 January 2011. The Financial Action Task Force (FATF) recommendations were partially revised in 2012. They represent the internationally recognised standards on combating money laundering and the financing of terrorism. The Federal Department of Finance (FDF) then drafted a legislative proposal to implement the revised FATF recommendations. The revised Anti-Money Laundering Act (AMLA) was passed by Parliament on 12 December 2014. A subsequent revision of the AMLO-FINMA was therefore necessary.

The current revision of the FINMA Anti-Money Laundering Ordinance takes account of both the revised FATF recommendations and the revised Anti-Money Laundering Act, and sets out the regulations contained in both pieces of legislation. The revised ordinance also includes insights gained from supervisory practice and recent market developments; in particular, it also provides for relaxation of due diligence requirements.

Some examples of the material adjustments to the draft ordinance are:

  1. The concept of “controller”:
    1. this newly introduced concept is directed at all (directly supervised) financial intermediaries.
    2. It serves to consistently determine the natural persons behind operationally active legal entities and partnerships.
  2. Special regulations for CIS institutions:
    1. The new regulations are directed at fund management companies, CIS investment companies and CIS asset managers.
    2. CIS institutions must identify the subscriber of fund units and the beneficial owner.
    3. Where certain prerequisites are met, a relaxation of due diligence requirements is provided for.
  3. New payment methods:
    1. The revised AMLO-FINMA now governs the prerequisites under which relaxation of due diligence requirements is allowed for payment service providers offering cashless payment transactions.
  4. Reporting requirements:
    1. A new innovation under the revised AMLA is that despite reports to the Money Laundering Report Office (MROS), client instructions must be executed by financial intermediaries (assets are not frozen immediately).
    2. A new provision sets out that significant assets may only be withdrawn in a form which enables prosecuting authorities to follow the trail (“paper-trail”).

The deadline for submitting comments on the draft ordinance is 7 April 2015.

Click here http://bit.ly/1MckrSl for the announcement straight from FINMA.

IA discussion paper on meaningful disclosure of costs and charges

The Investment Association (IA) has published a discussion paper “Investment matters” on the meaningful disclosure of costs and charges, and a summary paper which provides an overview of this area.

The aim of the discussion paper is to provide a framework for costs and charges disclosure based on a set of principles for good disclosure which the IA has built up over the past three years.

The paper covers the following topics:

  • the IA’s approach to disclosure, including the difference between product charges and transaction costs and explains why both should be disclosed separately;
  • an analysis of portfolio turnover metrics, which, although not cost measures in, and of, themselves, assist in providing an indicator of activity levels within portfolios (i.e. how much buying and selling of stocks and securities is taking place); and
  • a proposal for a “product neutral approach” for charge and transaction cost disclosure.

There is no formal deadline for comments.

Copies of the:

discussion paper   

summary paper 

Keith Bristow’s speech to George Washington University considers the threat to national security posed by transnational crime.

Keith Bristow, Director General of the NCA, talks about the threat to national security posed by transnational crime.

Read the speech here

From a Guernsey advocate

“To keep an audience interested for a three-hour session on anti-money laundering and terrorist financing may seem a daunting if not impossible task. Mathew Beale of Comsure does this with ease. He keeps everyone involved and interested. His in-depth knowledge of the subject enables him to present it effortlessly in great breadth and depth without losing his audience. His is a fine example of how to impart knowledge professionally.”

Terrorism, fines and money laundering: why banks say no to poor customers

The tightening of international banking standards is making it difficult for low-income people in the global south to get access to banking service

When people in developing countries don’t have access to a bank account, physical proximity to a bank is usually the first challenge that springs to mind, but sometimes the reason a person is unable to access a secure place to store their savings is as simple as them not having a piece of paper to prove who they are.

Banking regulations vary between countries, and some allow banks to set their own rules about what proof of identity they accept for new customers to make sure no one is excluded.

  • In South Africa Standard Bank accepts a letter verifying a person’s address from a tribal chief for certain accounts,
  • while Postbank offers a Mzansi account, which does not require any proof of address but only offers basic transactional services and has a balance limit of 25,000 South African Rand (£1,362).

However, international banking standards set by the intergovernmental Financial Action Taskforce recommend that people opening an account provide specific documents.

These “know your customer” (KYC) guidelines are not new, and have prevented poorer communities from accessing bank accounts for years. But there is increasing concern that KYC is becoming more restrictive, making access to finance harder for local banks and populations and damaging developing economies’ opportunity to grow.

KYC requires banks to check that potential customers are not involved in money laundering or terrorism by providing a verified proof of identity and address when opening an account. This is difficult for people living in informal housing or rural areas, who rarely have utility bills or lease agreements as proof.

Richard Ketley, director of international economics consultancy firm Genesis Analytics, says although South Africa allows its banks to offer simple accounts without proof of address, some banks have ceased offering them because they were unprofitable. He says the South African government has also failed to address the needs of migrant communities, who do not have identification documents. Not having a bank account means people risk losing their savings and makes them targets for criminals.

  • “In many lower-income markets research shows poor people are enormously exposed to loss of savings through theft,” he says. “
  • They keep money under the bed, get robbed, the house burns down, or they bury money and someone else digs it up.”

Instead of loosening KYC criteria to improve financial inclusion, however, banks are tightening implementation more than ever before.

Three years ago, partly in response to the global financial crisis, the Financial Action Taskforce recommended that countries toughen sanctions against banks that fail to deliver on anti money-laundering and terrorism checks.

In August 2014, Standard Chartered had to pay $300m to the New York State Department of Financial Services after its screening systems failed to spot suspicious transactions in UAE. As a result, the bank closed thousands of accounts with small and medium-sized enterprise customers in the country.

Do banks matter in developing countries?

Closing such international accounts, known as ‘derisking’, hurts developing countries because without relationships with big international banks, accessing finance for importing and exporting goods and transferring money abroad becomes harder and more expensive.

Roy Melnick, an associate director working on money laundering for PwC South Africa, says the global standards for safeguarding are there for good reasons, but derisking disproportionately affects innocent people. “Probably 99.9% of the population is law-abiding, it’s that 0.1% that make it so much more difficult for the rest,” he says.

Banks have become particularly cautious of money transfer services such as Western Union, which are perceived as particularly open to abuse.

Somalia has no formal banking service, so when Barclays Bank tried to close its Somali MSB services in 2013, removing the only money transfer service available in the country, it faced outcry. The issue was taken to the high court, which ruled Barclays must continue its Somali banking services. The example illustrates how vulnerable some countries are.

The cost of meeting regulations is another reason banks are increasingly closing international relationships. Banks have to prove annually they have sufficient money laundering and terrorism prevention procedures in place for every bank with which they connect. According to KYC Exchange Net AG managing director Joachim von Hänisch, this can cost the bank £10,000 for each reporting process. The bank running the checks also incurs expenses.

  • “If a bank isn’t making enough money from a relationship with another bank then it’s simply not worthwhile,” he says. Banks see derisking as a simpler solutio

Hänisch’s company addresses the problem by encouraging banks to use a standard, online reporting platform, KEN, that enables local banks to produce a single report a year. Three international banks have already signed up to the system since it launched in January 2014. Hänisch says it saves banks time and money, and could dissuade them from closing relationships.

The European Bank for Reconstruction and Development (EBRD) is also trying to tackle the problem. As a non-commercial entity, it finances trade in eastern Europe and the Commonwealth of Independent States, but carries the risk itself. Deputy director of financial institutions Rudolf Putz says in countries such as Ukraine, Belarus and Armenia, EBRD is one of the few international institutions still providing trade finance facilities. “We have sufficient staff and money to analyse and take risk, which commercial banks would not be able to do,” he says.

He is concerned that if countries are unable to access trade finance from international banks, people will be forced to manage money in riskier ways. Ironically, this is exactly what KYC set out to prevent.

http://bit.ly/1z1379Q

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